SECRETARY TO GOVERNMENT OF TAMIL NADU Vs. KAMALA

JUDGEMENT

(1.) The High Court has set aside an order of detention issued under Section 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (The COFEPOSA Act 1974) on the ground that the period of detention was not specified. In arriving at this conclusion, the High Court has relied upon a decision of this Court in Commissioner of Police v Gurbux Anandram Bhiryani, 1988 Supp1 SCC 568, and on a judgment of the High Court in S Santhi v The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai,2010 3 MWN(Cri) 42 (DB).

(2.) The Government of Tamil Nadu is in appeal.

(3.) The submission which has been urged is that though the period of detention has come to an end, it is necessary for the Court to correct the statement of legal position contained in the decision of the High Court. Learned counsel has drawn the attention of the Court to the fact that the earlier decision of a Bench of two judges in Bhiryani was overruled by a Bench of three judges in T Devaki v Government of Tamil Nadu, 1990 2 SCC 456.